But I will automatically lose my license if I refuse!

This is a common statement regarding the current state of the law regarding breath test (or other chemical test) refusal in Massachusetts.  It is true; if you don't take a breathalyzer your license WILL be suspended.  The length of the suspension depends on your age and whether or not you have previously been convicted of a operating under the influence. 

The most important thing to remember about breath tests is that if they are administered properly, they can be used against you as evidence by the Prosecutor and the Police. 

Currently, in Massachusetts, if you are under 21 and your blood alcohol comes back at a .02 or above,  you are considered to be intoxicated, and all the Prosecutor has to do is prove that you were operating a motor vehicle, on a public way, and under the influence of intoxicating liquor.  It doesn't matter if you have a high tolerance for alcohol or that you feel fine...all that matters is the number. If you are over 21 and your blood alcohol comes back at .08 or above you are considered to be intoxicated.  A properly administered breath test significantly increases your chances of being convicted of OUI.

Another thing to think about, is that if you have been drinking, it is likely that your judgment regarding how well you are going to perform on the breathalyzer, might be impaired.

You have the right to refuse a breath test!  It is one less thing that the Police and Prosecutor can use against you at trial!  If you have been charged with OUI please call me at 617-934-0272 or email me to set up a consultation!